DA130110RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DA130110RO
RENT ADMINISTRATOR'S
GREGORY FEGOS DOCKET NO.: CA110088S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 12, 1989, the above-named owner-petitioner filed a
Petition for Administrative Review of an order issued on December
20, 1988, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, NY, concerning the housing accommodation known as 31-11
Farrington St., Flushing, N.Y., wherein the Administrator ordered
a rent reduction based on a finding of a decrease in services.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
On February 17, 1988, the Division sent the owner a copy of
the complaint and the owner filed an answer which denied the
allegations set forth in the complaint. He further stated that a
building inspector informed the tenant that the floor tiles are not
the responsibility of the owner and that the tiles were ruined by
the tenant's unauthorized washing machine in the apartment.
Thereafter an inspection of the subject apartment was
conducted by a D.H.C.R. inspector who confirmed the existence of
the following defective conditions: kitchen and living room tiles
are defective or broken, vermin infestation, gap between entrance
of closet wall and floor, broken bathroom wall tiles and missing
grout, bedroom ceiling is peeling paint and plaster, living room
entrance, kitchen ceiling and walls are water stained.
The Rent Administrator directed restoration of these services
and further ordered a reduction of the stabilized rent.
DA130110RO
In its petition for administrative review, the owner states,
in substance, that the floor tiles were installed by the tenant
after he moved in and the owner is not obligated to repair the
floor tiles. He also states that all other services complained of
were repaired and that regular exterminator service is provided.
On March 17, 1989, the Division sent the tenant a copy of the
petition and the tenant filed an answer which denied the owner's
contention of any repairs having been made. The tenant also denied
that he had installed the floor tiles.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code,
DHCR is required to order a rent reduction, upon application by a
tenant, where it is found that an owner has failed to maintain
required services. The owner's petition does not establish any
basis for modifying or revoking the Administrator's order which
determined that the owner was not maintaining required services
based on a physical inspection confirming the existence of
defective conditions in the subject apartment for which a rent
reduction is warranted.
The owner's bare allegation that this tenant's defective floor
tiles are not the owner's responsibility is clearly
unsubstantiated, and is denied by the tenant.
The owner may file a rent restoration application if the facts
so warrant.
The automatic stay of the retroactive rent abatement that
resulted by the filing of this petition is vacated upon issuance of
this order and opinion.
THEREFORE, in accordance with the Rent Stabilization Law and
Code and the Emergency Tenant Protection Act of 1974, it is,
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
___________________
Joseph A. D'Agosta
Deputy Commissioner
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